Mid Cap

  • April 23, 2024

    NY Panel Partially Revives Chubb, Archdiocese Abuse Row

    A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.

  • April 23, 2024

    Downtown Chicago Hotel Hits Ch. 11 With Up To $50M In Debt

    A defunct hotel near Chicago's commercial center has applied for Chapter 11 protection in Delaware bankruptcy court, disclosing between $10 million and $50 million in debt, a few months after the city government converted the property into a shelter for unhoused people.

  • April 23, 2024

    Meet The Fla. Attorneys In Tex-Mex Chain Tijuana Flats' Ch. 11

    Fast casual Tex-Mex restaurant chain Tijuana Flats filed for bankruptcy in Florida last week as it announced new ownership and plans to close 11 locations. Tijuana Flats has tapped two shareholders with Jacksonville boutique bankruptcy firm Thames Markey PA for its Chapter 11 case.

  • April 23, 2024

    ABI Names Christopher Ward President, Elects New Directors

    Christopher A. Ward of Polsinelli LLP will lead the American Bankruptcy Institute as president for a one-year term, the organization said Tuesday, and U.S. Bankruptcy Judge Bruce Harwood will succeed him next April.

  • April 22, 2024

    Petersen Health Shouldn't Get LLCs Back, Creditor Says

    A loan servicer of bankrupt senior-living company Petersen Health Care has asked a Delaware bankruptcy court to dismiss the Chapter 11 cases of 16 of Petersen's affiliates, saying they could not file for bankruptcy because they were at the time, and still are, in receivership.

  • April 22, 2024

    Subchapter V Report, Express Hits Ch. 11, NY Diocese Fallout

    The American Bankruptcy Institute held its annual spring meeting last week, where a task force on Subchapter V presented its report and recommendations on small-business bankruptcy filings, and clothing retailer Express Inc. landed in Chapter 11 with more than $1 billion in debt.

  • April 22, 2024

    Atty Says Class Bid Over Bankrupt Firm's Hurricane Ads Fails

    A proposed class action against troubled Houston law firm MMA Law Firm, a former partner and others accused of participating in an illegal scheme to scare up profitable litigation following a hurricane doesn't offer enough evidence for certification and didn't meet a filing deadline, the ex-partner told a Texas federal judge.

  • April 22, 2024

    Subchapter V Task Force, U.S. Trustee Stars Of ABI Meeting

    A report that recommended keeping Subchapter V debt limits at the $7.5 million mark was unveiled during the American Bankruptcy Institute's annual spring meeting, which also included a rundown of priorities from the U.S. Trustee Program and an array of panels on topics ranging from debtor-in-possession financing to artificial intelligence.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    SEC Says Terraform, Founder Owe $5.3B After Fraud Verdict

    The U.S. Securities and Exchange Commission has asked a Manhattan federal judge to order bankrupt cryptocurrency exchange Terraform Labs and its founder to pay roughly $5.3 billion, weeks after a jury found them liable for a massive fraud.

  • April 22, 2024

    Ex-Axiom Ince Chief Faces Bankruptcy Petition

    The former head of collapsed Axiom Ince Ltd. is facing a bankruptcy petition after being accused of misappropriating almost £65 million ($80.3 million) to fund the acquisition of Ince Group PLC and property purchases.

  • April 22, 2024

    MediaMath Ch. 11 Case Dismissed After $22M Asset Sale

    A Delaware bankruptcy judge has agreed to a structured dismissal of ad tech company MediaMath Holdings Inc.'s Chapter 11 case after the company's $22 million sale of its assets left it nothing remaining to reorganize.

  • April 19, 2024

    Casino SPAC Can Return Money, Not Shares, Chancery Rules

    Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.

  • April 19, 2024

    Casa Systems Won't Take $18M Rival Bid For Telecom Assets

    Troubled communications equipment supplier Casa Systems told a Delaware bankruptcy judge Friday it received a new offer for its cloud and radio access network unit that would fetch more cash than a previously proposed transaction, but insisted on skipping a Chapter 11 auction, arguing the existing bidder brings less closing risks.

  • April 19, 2024

    Life Sciences Biz NanoString Gets OK For $393M Ch. 11 Sale

    Insolvent biotech company NanoString can be sold to scientific instrument maker Bruker Corp., a Delaware bankruptcy judge ruled Friday, after the buyer clinched the winning bid during a 14-hour Chapter 11 auction.

  • April 19, 2024

    Bankruptcy Sets Stage For Big Healthcare Buying Frenzy

    The recent surge of healthcare bankruptcy cases has created an environment where Chapter 11's unique rules make it a prime vessel for larger enterprises to gobble up the foundering healthcare businesses of a post-pandemic world, experts say.

  • April 19, 2024

    Bankruptcy Bill Seeks To Aid Sex Abuse Victims

    A bill introduced in the U.S. House of Representatives would help sexual abuse victims by limiting the ability of their abusers to shield themselves by filing for bankruptcy, according to the bipartisan pair backing the proposed legislation.

  • April 19, 2024

    US Trustee Balks At 22% Rate On Petersen Health DIP Loan

    The U.S. Trustee's Office objected Friday to senior living company Petersen Health Care's proposed bankruptcy financing, telling a Delaware judge that the combined 22% interest rate on the $45 million debtor-in-possession loan is "above market."

  • April 19, 2024

    US Trustee Balks At Releases In EV Charging Co.'s Ch. 11 Plan

    The U.S. Trustee's Office on Friday objected to electric-vehicle charging company Charge Enterprises Inc.'s proposed Chapter 11 plan, telling a Delaware bankruptcy court it contains an "impermissibly broad" exculpation provision and the debtor should provide more factual information to support the release plan. 

  • April 19, 2024

    Quinn Emanuel Faces Class Action Over Fla. Fee Agreements

    The wife of luxury home developer Nir Meir, who was charged with falsifying records and defrauding investors, is hoping to avoid paying more than $360,000 in attorney fees to Quinn Emanuel Urquhart & Sullivan LLP in a proposed class action, saying her husband forged her signature on a fee agreement with the firm.

  • April 19, 2024

    9 Ex-Ingram LLP Attorneys Join Tarter Krinsky In New York

    Tarter Krinsky & Drogin LLP announced that nine attorneys from the now-defunct firm Ingram LLP joined its New York office, expanding the firm's litigation, real estate, and landlord and tenant practice groups.

  • April 19, 2024

    Tex-Mex Chain Tijuana Flats' New Owner Puts It In Ch. 11

    Fast-casual Tex-Mex dining chain Tijuana Flats said Friday it has changed ownership and filed for Chapter 11 protection in Florida bankruptcy court with more than $10 million in debt.

  • April 19, 2024

    Small Business Ch. 11 Is Cheaper, More Efficient, Report Finds

    Small businesses that seek protection under a new subchapter of the U.S. Bankruptcy Code spend less money on their cases and approve reorganization plans both more often and more quickly, according to an American Bankruptcy Institute report released on Friday.

  • April 18, 2024

    Giuliani Wants To Hire Longtime Friend To Help With Ch. 11

    Former New York City Mayor Rudy Giuliani asked a New York bankruptcy judge to hire his friend of 50-some years and former White & Case LLP partner Kenneth Caruso as a special litigation counsel for the $148 million defamation suit he is facing from two Georgia election workers. 

  • April 18, 2024

    Careismatic Plans $782M Debt Equity Swap In Ch.11

    A New Jersey bankruptcy judge on Thursday approved the disclosure statement of medical scrubs distributor Careismatic Brands LLC, which outlined a plan to wipe out $782 million in secured debt and reflected an overall settlement earlier that day with multiple secured and unsecured creditor groups.

Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

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    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Why Delaware ABCs Are No Longer As Easy As 1-2-3

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    In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

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